[Federal Register Volume 62, Number 110 (Monday, June 9, 1997)]
[Notices]
[Pages 31416-31417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15006]


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CONSUMER PRODUCT SAFETY COMMISSION

[CPSC Docket No. 97-C0007]


In the Matter of One Price Clothing Stores, Inc., a Corporation; 
Provisional Acceptance of a Settlement Agreement and Order

AGENCY: Consumer Product Safety Commission.

ACTION: Provisional acceptance of a settlement agreement under the 
Consumer Product Safety Act.

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SUMMARY: It is the policy of the Commission to publish settlements 
which it provisionally accepts under the Consumer Product Safety Act in 
the Federal Register in accordance with the terms of 16 C.F.R. 
Sec. 1605.13(d). Published below is a provisionally-accepted Settlement 
Agreement with One Price Clothing Stores, Inc., a corporation.

DATES: Any interested person may ask the Commission not to accept this 
agreement or otherwise comment on its contents by filing a written 
request with the Office of the Secretary by June 23, 1997.

ADDRESSES: Persons wishing to comment on this Settlement Agreement 
should send written comments to the Comment 97-C0007, Office of the 
Secretary, Consumer Product Safety Commission, Washington, D.C. 20207.

FOR FURTHER INFORMATION CONTACT:
Howard N. Tarnoff, Trial Attorney, Office of Compliance and 
Enforcement, Consumer Product Safety Commission, Washington, D.C. 
20207; telephone (301) 504-0626.

SUPPLEMENTARY INFORMATION: The text of the Agreement and Order appears 
below.

    Dated: June 4, 1997.
Sadye E. Dunn,
Secretary.

Consumer Product Safety Commission

[CPSC Docket No. 97-C0007]

In the Matter of One Price Clothing Stores, Inc. a Corporation

Settlement Agreement

    1. One Price Clothing Stores, Inc. (hereinafter, ``One Price'' or 
``Respondent''), a corporation, enters into this Settlement Agreement 
(hereinafter, ``Agreement'') with the staff of the Consumer Product 
Safety Commission, and agrees to the entry of the Order incorporated 
herein. This Agreement and Order are for the sole purpose of settling 
allegations of the staff that Respondent knowingly sold and offered for 
sale, in commerce, certain rayon and rayon/cotton blend skirts 
featuring a sheer chiffon layer and sheer rayon scarves that failed to 
comply with the Standard for the Flammability of Clothing Textiles 
(hereinafter, ``Clothing Standard'', 16 CFR Sec. 1610.

I. The Parties

    2. The ``staff'' is the staff of the Consumer Product Safety 
Commission (hereinafter, ``Commission''), an independent regulatory 
agency of the United States Government established pursuant to section 
4 of the Consumer Product Safety Act (CPSA), 15 U.S.C. Sec. 2053.
    3. Respondent One Price is a corporation organized and existing 
under the laws of the State of Delaware with principal corporate 
offices at Highway 290-- Commerce Park, 1875 East Main Street, Duncan, 
South Carolina 29334.

II. Allegations of the Staff

A. Rayon and Rayon/Cotton Blend Skirts
    4. Between June 1994 and August 1994, Respondent sold or offered 
for sale, in commerce, 9,800 style 0609 rayon skirts and 8,400 style 
1101 rayon/cotton blend skirts featuring a sheer chiffon layer.
    5. The skirts identified in paragraph 4 above are subject to the 
Clothing Standards, 16 CFR Sec. 1610, issued under section 4 of the 
Flammable Fabrics Act (FFA), 15 U.S.C. Sec. 1193.
    6. The staff tested the skirts identified in paragraph 4 above for 
compliance with the requirements of the Clothing Standard. See 16 CFR 
Secs. 1610.3 and .4. The test results showed that the skirts violated 
the requirements of the Clothing Standard and, therefore, were 
dangerously flammable and unsuitable for clothing because of rapid and 
intense burning.
    7. On August 5, 1994, the staff informed Respondent that the skirts 
identified in paragraph 4 above failed to comply with the Clothing 
Standard and requested that One Price review its entire product line 
for other potential violations.
    8. Respondent knowingly sold and offered for sale, in commerce, the 
skirts identified in paragraph 4 above, in violation of section 3 of 
the FFA, 15 U.S.C. Sec. 1192, for which a civil penalty may be imposed 
pursuant to section 5(e)(1) of the FFA, 15 U.S.C. Sec. 1194(e)(1).
B. Rayon Scarves
    9. Between February 1995 and August 1995, Respondent sold or 
offered for

[[Page 31417]]

sale, in commerce, 6,000 style 3525 sheer rayon scarves.
    10. The scarves identified in paragraph 9 above are subject to the 
Clothing Standard, 16 C.F.R. Sec. 1610, issued under section 4 of the 
FFA, 15 U.S.C. Sec. 1193.
    11. The staff tested the scarves identified in paragraph 9 above 
for compliance with the requirements of the Clothing Standard. The test 
results showed that the scarves violated the requirements of the 
Clothing Standard, and, therefore, were dangerously flammable and 
unsuitable for clothing because of rapid and intense burning.
    12. Respondent knowingly sold and offered for sale, in commerce, 
the scarves identified in paragraph 9 above, in violation of section 3 
of the FFA, 15 U.S.C. Sec. 1192, for which a civil penalty may be 
imposed pursuant to section 5(e)(1) of the FFA, 15 U.S.C. 
Sec. 1194(e)(1).

III. Response of One Price

    13. One Price denies the allegations of the staff set forth in 
paragraphs 4 through 12 above that it knowingly sold or offered for 
sale, in commerce, the skirts and scarves identified in paragraphs 4 
and 9 above, in violation of section 3 of the FFA, 15 U.S.C. Sec. 1192. 
One Price notes that it knows of no claims or reports of any injuries 
associated with the skirts and scarves identified in paragraphs 4 and 9 
above. Further, One Price points out that it took immediate action, as 
soon as the allegations of problems with these items were brought to 
its attention.

IV. Agreement of the Parties

    14. The Commission has jurisdiction over this matter under the 
Consumer Product Safety Act (CPSA), 15 U.S.C. Secs. 2051 et seq., the 
Flammable Fabrics Act (FFA), 15 U.S.C. Secs. 1191 et seq., and the 
Federal Trade Commission Act (FTCA), 15 U.S.C. Secs. 41 et seq.
    15. This Agreement is entered into for settlement purposes only and 
does not constitute an admission by Respondent or a determination by 
the Commission that Respondent knowingly violated the FFA or the 
Clothing Standard. This Agreement becomes effective only upon its final 
acceptance by the Commission and service of the incorporated Order upon 
Respondent.
    16. The parties agree that this Agreement resolves the allegations 
of the staff enumerated in Section II above, and the Commission will 
not initiate any other criminal, civil, or administrative action 
against Respondent for those alleged violations, based upon information 
currently known to the staff.
    17. Upon final acceptance of this Agreement by the Commission and 
issuance of the Order, Respondent knowingly, voluntarily, and 
completely waives any rights it may have in this matter (1) to an 
administrative or judicial hearing, (2) to judicial review or other 
challenge or contest of the validity of the Commission's actions, (3) 
to a determination by the Commission as to whether Respondent failed to 
comply with the FFA as alleged, (4) to a statement of findings of fact 
and conclusions of law, and (5) to any claims under the Equal Access to 
Justice Act.
    18. The Commission may disclose the terms of this Agreement and 
Order to the public consistent with Section 6(b) of the CPSA, 15 U.S.C. 
Sec. 2055(b).
    19. Upon provisional acceptance of this Agreement and Order by the 
Commission, this Agreement and Order shall be placed on the public 
record and shall be published in the Federal Register in accordance 
with the procedures set forth in 16 CFR 1605.13(d). If the Commission 
does not receive any written request not to accept this Agreement and 
Order within 15 days, this Agreement and Order shall be deemed finally 
accepted on the 20th day after the date it is published in the Federal 
Register, in accordance with 16 CFR 1605.13(e).
    20. Upon final acceptance by the Commission of this Agreement and 
Order, the Commission shall issue the attached Order, incorporated 
herein by reference. This Agreement becomes effective after service of 
the incorporated Order upon Respondent.
    21. A violation of the attached Order shall subject Respondent to 
appropriate legal action.
    22. This Agreement may be used in interpreting the incorporated 
Order. Agreements, understandings, representations, or interpretations 
made outside of this Agreement may not be used to vary or contradict 
its terms.
    23. The provisions of this Agreement and Order shall apply to 
Respondent, its successors and assigns, agents, representatives, and 
employees, directly or through any corporation, subsidiary, division, 
or other business entity, or through any agency, device or 
instrumentality.

    Dated: May 6, 1997.
    By:

Grant H. Gibson,

Vice President and General Counsel, One Price Clothing Stores, Inc., 
Highway 290, Commerce Park, 1875 East Main Street, Duncan, SC 29334.

    Dated: May 6, 1997.
    By:

Howard N. Tarnoff,

Trial Attorney, Division of Administrative Litigation, Office of 
Compliance.

Eric L. Stone,

Acting Director, Division of Administrative Litigation, Office of 
Compliance.

David Schmeltzer,

Assistant Executive Director, Office of Compliance, U.S. Consumer 
Product Safety Commission, Washington, DC 20207.

Order

    Upon consideration of the Settlement Agreement entered into between 
Respondent One Price Clothing Stores, Inc. and the staff of the 
Consumer Product Safety Commission; and the Commission having 
jurisdiction over the subject matter and Respondent; and it appearing 
that the Settlement Agreement and Order is in the public interest,

I

    It is Ordered That the Settlement Agreement and Order be and hereby 
is accepted.

II

    It is further Ordered That Respondent pay to the United States 
Treasury a civil penalty of FIFTY THOUSAND DOLLARS ($50,000) within 
twenty (20) days after service upon Respondent of the Final Order.

III

    It is further Ordered That for a period of three years following 
the service upon Respondent of the Final Order in this matter, 
Respondent notify the Commission within 30 days following the 
consummation of the sale of a majority of its stock or following a 
change in any of its corporate officers responsible for compliance with 
the terms of this Consent Order Agreement.

    Provisionally accepted and Provisional Order issued on the 4th 
day of June, 1997.

    By order of the Commission.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 97-15006 Filed 6-6-97; 8:45 am]
BILLING CODE 6355-01-M